Case 3. Clerical Celibacy

Titius, an Anglican minister, in order to be certain of the validity of his ordination, had been ordained by a certain schismatic bishop, and afterwards married. After some years, having been converted to the Catholic faith, he now inquires whether and under what conditions he may exercise the sacred ministry, or even make use of marital rights; concerning the validity of the priesthood received, however, there can be no doubt. Hence it is asked:

1. To what are clerics in sacred orders bound by the law of celibacy?

2. May a married man receive sacred orders, and under what conditions?

3. Would impure thoughts be sacrilegious in a priest who had been ordained in ignorance of the law of celibacy?

4. What is to be said of the case?

1. To what are clerics in sacred Orders bound by the law of celibacy?

They are bound to observe perfect chastity, in thought and deed, and they are incapable of contracting a valid marriage.¹

1 Manual of Moral Theology, vol. i, p. 601.

2. Is a married man allowed to receive sacred Orders and on what conditions?

A man who was married but whose wife is dead or lawfully divorced, when this is possible, may receive sacred

Orders. One whose wife is still living and not lawfully divorced may not be ordained without the free and express consent of his wife, who, if she consents, must herself take a vow of chastity.¹

1 Manual of Moral Theology, vol. i, p. 602.

3. Would bad thoughts be sacrilegious in a priest who had been ordained in ignorance of the law of celibacy?

Such a one would not be bound by vow to observe chastity, for a vow can not be taken by one who is ignorant of it. He would, however, be bound to observe chastity by ecclesiastical law. But probably law does not touch merely internal acts, and so although bad thoughts would be sins against the Ninth Commandment, probably they would not have the additional malice of sacrilege, as bad thoughts of priests ordained under normal conditions certainly have.

4. The case. Titius, an Anglican minister, to make sure of his ordination, got ordained by a schismatic bishop and afterwards married. It is supposed in the case that this ordination is certainly valid. As sacred Order is a diriment impediment of marriage, 2 it follows that the minister was not married validly. As he is not married he has no marital rights, and he must separate from his reputed wife. The greatest consideration should be shown to the lady which is possible under the circumstances. Titius was ordained by a schismatic, and he thus incurred irregularity, which prohibits him from exercising his orders. He should submit his case to the bishop, who after inquiring into all the circumstances of the case, and if necessary consulting the Holy See, will settle what is best for all concerned.

*Cf. Ballerini-Palmieri, Opus Morale, vol. vi, n. 1143 nota.